Report Title:

Harassment by Stalking

 

Description:

Adds engaging in course of conduct involving pursuit, surveillance, or non-consensual contact to harassment by stalking; defines non-consensual contact; clarifies aggravated harassment by stalking; allows court to grant probation to violator. (SD1)

THE SENATE

S.B. NO.

2529

TWENTY-FIRST LEGISLATURE, 2002

S.D. 1

STATE OF HAWAII

 


 

A BILL FOR AN ACT

 

RELATING TO STALKING.

 

BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF HAWAII:

SECTION 1. Section 706-623, Hawaii Revised Statutes, is amended by amending subsection (1) to read as follows:

"(1) When the court has sentenced a defendant to be placed on probation, the period of probation shall be as follows, unless the court enters the reason therefor on the record and sentences the defendant to a shorter period of probation:

(a) Ten years upon conviction of a class A felony;

(b) Five years upon conviction of a class B or class C felony;

(c) One year upon conviction of a misdemeanor; except that upon a conviction under section 586-4, 586-11, or 709-906, the court may sentence the defendant to a period of probation not exceeding two years; or upon a conviction under section 711-1106.5, the court may sentence the defendant to a period of probation not exceeding five years; or

(d) Six months upon conviction of a petty misdemeanor.

The court, on application of a probation officer, on application of the defendant, or on its own motion, may discharge the defendant at any time. Prior to granting early discharge, the court shall afford the prosecuting attorney an opportunity to be heard. The terms of probation provided in this part, other than in this section, shall not apply to sentences of probation imposed under section 706-606.3."

SECTION 2. Section 711-1106.4, Hawaii Revised Statutes, is amended by amending subsection (1) to read as follows:

"(1) A person commits the offense of aggravated harassment by stalking if that person commits the offense of harassment by stalking as provided in section 711-1106.5 and has been convicted previously of harassment by stalking [involving the same person] under section 711-1106.5 [and:

(a) The actions constituting the present offense are in violation of an existing court order, other than one issued ex parte, restraining the same person from contacting, threatening, or physically abusing the same complainant; or

(b) The actions constituting the present offense are in violation of a condition of probation or pretrial release involving the same person]."

SECTION 3. Section 711-1106.5, Hawaii Revised Statutes, is amended to read as follows:

"[[]§711-1106.5[]] Harassment by stalking. (1) A person commits the offense of harassment by stalking if, with intent to harass, annoy, or alarm another person, or in reckless disregard of the risk thereof, that person [pursues or conducts surveillance] engages in a course of conduct involving pursuit, surveillance, or non-consensual contact upon the other person[:

(a) Without legitimate purpose; and

(b) Under circumstances which would cause the other person to reasonably believe that the actor intends to cause bodily injury to the other person or another, or damage to the property of the other person or another.] without legitimate purpose.

(2) Harassment by stalking is a misdemeanor [if the person harasses another person by stalking on more than one occasion for the same or a similar purpose. Otherwise, harassment by stalking is a petty misdemeanor].

(3) A person convicted under this section may be required to undergo a counseling program as ordered by the court.

(4) For purposes of this section, "non-consensual contact" means any contact that occurs without that individual's consent or in disregard of that person's express desire that the contact be avoided or discontinued. Non-consensual contact consists of, but is not limited to, direct personal visual or oral contact, or contact via telephone, facsimile, or electronic mail transmission."

SECTION 4. This Act does not affect rights and duties that matured, penalties that were incurred, and proceedings that were begun, before its effective date.

SECTION 5. Statutory material to be repealed is bracketed and stricken. New statutory material is underscored.

SECTION 6. This Act shall take effect upon its approval.